Firearm by Felon Lawyer Poquoson, VA

You were at home in Poquoson when law enforcement arrived. Maybe it was a knock on the door, a report of a domestic disturbance, or a traffic stop that led to a search of your vehicle. Now you are facing a charge under Virginia Code § 18.2-308.2—possession of a firearm by a convicted felon. The weight of that charge is immediate: a mandatory minimum prison sentence, the loss of your freedom, and a felony conviction that will follow you for the rest of your life. You need a legal team that knows how these cases are built and how to challenge them. Call Law Offices Of SRIS, P.C. at (888) 437-7747 to request a consultation. Our Richmond location represents clients at the Poquoson General District Court and Poquoson Circuit Court. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

Strategy Options for a Firearm-by-Felon Charge in Poquoson

Defending a charge under § 18.2-308.2 requires more than a reading of the penalty range. Mr. Sris and his Of Counsel team examine every piece of the Commonwealth’s case from the moment the police encounter began. Because one of our Of Counsel is a former Virginia State Trooper, we understand how law enforcement conducts searches, gathers evidence, and builds probable cause. That insight allows us to identify constitutional violations, challenge the legality of a search or seizure, and argue for suppression of evidence when appropriate. We also evaluate whether the underlying felony conviction that triggers the prohibition is still valid—if it was set aside, pardoned, or is otherwise not a qualifying offense, the charge may not hold. In other cases, we work to negotiate an outcome that minimizes the consequences, exploring alternatives such as a reduction of the charge or a deferred disposition where available. Clients who face this charge in Poquoson benefit from a defense strategy that is tailored to the specific circumstances of their case and to the practices of the Poquoson courts.

What to Expect in Poquoson General District Court and Circuit Court

The Poquoson General District Court at 500 City Hall Avenue handles every misdemeanor trial and every felony preliminary hearing. If you are charged with a firearm-by-felon offense, the case will begin in that courthouse. The Commonwealth’s Attorney for Poquoson prosecutes, and the magistrate will set bond at or shortly after arrest. For many first offenses, the magistrate may release you on personal recognizance, though a secured bond is more common for felony charges. Your first appearance is the arraignment, where you enter a plea. Because a firearm-by-felon charge is a felony, you do not have a trial in the General District Court; instead, the court holds a preliminary hearing to determine whether probable cause exists to send the case to the Poquoson Circuit Court. If the case is certified, the Circuit Court—which has jurisdiction over all felony trials—will schedule the matter. You have an absolute right to a jury trial in Circuit Court for any offense that carries the possibility of jail time. The timeline for your case depends on the court’s calendar and the complexity of the evidence, but the procedural path is well-defined. Having an experienced attorney who regularly appears in these courts is critical to ensuring your rights are protected at every stage.

Penalty Overview: Va. Code § 18.2-308.2

A conviction for possession of a firearm by a convicted felon in Virginia is a Class 6 felony. The sentencing range is one to five years in state prison, though the jury or judge may also impose a jail term of up to twelve months. The law carries a mandatory minimum sentence of two years if the previous felony conviction was for a violent felony under § 17.1-805 and occurred within the prior ten years. If the firearm was loaded and the previous conviction was for a violent felony, the mandatory minimum rises to five years. The federal counterpart, 18 U.S.C. § 922(g)(1), also carries significant penalties and may be prosecuted in the U.S. District Court for the Eastern District of Virginia. A conviction permanently affects your right to possess firearms, your ability to vote, and your employment prospects. The stakes are high, and early involvement of defense counsel is essential.

About Mr. Sris and His Of Counsel Team

Law Offices Of SRIS, P.C. brings together more than a quarter-century of legal practice and the firsthand investigative experience of a former Virginia State Trooper. Mr. Sris, Owner and Founder of the firm, is a former prosecutor who has practiced since 1997. He understands how criminal cases are built from the prosecution’s perspective, and he uses that knowledge to craft a defense that addresses the Commonwealth’s evidence head-on. Working alongside him, the Of Counsel team includes a former Virginia State Trooper who served for fifteen years conducting criminal and traffic investigations across the Commonwealth. That dual perspective—prosecutorial and law-enforcement—means that when you are facing a firearm-by-felon charge in Poquoson, the firm examines every angle of your case. The team serves clients throughout Virginia, Maryland, the District of Columbia, New Jersey, and New York. Reach the Richmond location at (888) 437-7747 to request a consultation.

Frequently Asked Questions

How does a Virginia lawyer defend against a firearm by felon charge?

A defense against a firearm-by-felon charge begins with a thorough review of the traffic stop or encounter that led to the arrest, looking for any violation of your Fourth Amendment rights. If the police lacked reasonable suspicion or probable cause, the evidence may be suppressed. The defense also examines whether the underlying felony conviction is still a valid disqualifier—if it has been expunged, pardoned, or otherwise set aside, the charge may not stand. In some cases, the Commonwealth’s Attorney may be open to reducing the charge to a lesser offense or offering a deferred disposition if you are eligible. Every defense strategy is built on the specific facts and the practices of the Poquoson courts.

What should I do if I am facing firearm by felon charges in Virginia?

Contact an experienced criminal defense attorney immediately and do not discuss the facts of your case with anyone except your lawyer. Preserve any documents, video footage, or witness information that may help your defense. The statute of limitations and court deadlines under Virginia law require prompt action; missing a court date or failing to file a timely motion can have serious consequences. Mr. Sris and his Of Counsel team are available at (888) 437-7747 to review your situation and explain the next steps.

What is the difference between the General District Court and the Circuit Court in Poquoson?

The Poquoson General District Court handles initial appearances, bond hearings, and preliminary hearings for felony cases, while the Poquoson Circuit Court has jurisdiction over all felony trials and jury trials. If probable cause is found at the preliminary hearing, the case is transferred to Circuit Court. You have an absolute right to a jury trial in Circuit Court for any offense carrying possible jail time. The procedure and the timeline for your matter will be governed by which court is hearing your case, and Mr. Sris and his Of Counsel are prepared to appear in both.

Can a felon ever get their firearm rights restored in Virginia?

Yes, but restoration of firearm rights requires a petition to the Governor of Virginia. The process is separate from the underlying criminal case and involves meeting specific eligibility criteria. Restoration does not automatically erase the federal firearms prohibition under 18 U.S.C. § 922(g)(1). Mr. Sris and his Of Counsel can explain the restoration process and help you understand whether you may be a candidate. Because the outcome depends on the particular facts of your record, consult with an attorney about your situation.

Does Law Offices Of SRIS, P.C. handle Poquoson criminal cases?

Yes. The firm’s Richmond location regularly represents clients at the Poquoson General District Court and Poquoson Circuit Court at 500 City Hall Avenue. Mr. Sris and his Of Counsel team bring extensive combined legal experience and firsthand law-enforcement insight to the courtroom. With a former prosecutor and a former Virginia State Trooper on your side, the firm is positioned to challenge the Commonwealth’s evidence and protect your rights. To request a consultation, call (888) 437-7747.

For a more detailed statutory analysis, visit our comprehensive overview of Virginia criminal law. You may also review the relevant statute at the Virginia Code § 18.2-308.2 and learn about court procedures at the Poquoson Combined Courts website.

Request a Consultation

If you or someone you know is facing a firearm-by-felon charge in Poquoson, contact Law Offices Of SRIS, P.C. at (888) 437-7747 to request a consultation. Mr. Sris and his Of Counsel team appear at the Poquoson General District Court and Poquoson Circuit Court. The firm’s Richmond location is at 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225. By appointment only. Call (888) 437-7747 to schedule.

Disclaimers

Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case. Results may vary.